Kerala High Court Monthly Digest: June 2025 [Citations 305 - 371]

Nominal Index [Citations: 2025 LiveLaw (Ker) 305 - 371]TGN Kumar v. State of Kerala, 2025 LiveLaw (Ker) 305 Asha Verma v. Director General of Police, 2025 LiveLaw (Ker) 306Abjijith M. v. State of Kerala, 2025 LiveLaw (Ker) 307Asianet Star Communications Private Limited v. Competition Commission of India and others, and Connected cases, 2025 LiveLaw (Ker) 308Josna Raphael Poovathingal v. Union...

Challenge To Interim Orders Under DV Act Maintainable U/S 528 Of BNSS Only If There Is Illegality Or Irregularity: Kerala High Court

The Kerala High Court has recently held that a petition seeking exercise of inherent powers to set aside an interim order passed under Section 12(1) the Protection of Women from Domestic Violence Act, 2005 (PWDV Act/DV Act) is not maintainable if the same does not suffer from any blatant irregularity or illegality.Justice G. Girish observed that as per the law laid down by the Supreme Court,...

Occupancy Certificate Not Final For Plinth Area Determination: Kerala High Court Upholds Luxury Tax U/S 5A Of Kerala Building Tax Act

The Kerala High Court stated that occupancy certificate not final for plinth area determination under Section 6 of the Kerala Building Tax Act. Justice Ziyad Rahman A.A. was addressing the issue where challenge raised by the assessee was against the assessment of building tax and luxury tax, by mainly placing reliance upon Occupancy Certificate. Section 5A Of Kerala Building Tax...

Proceedings U/S 148A Of Income Tax Act Unsustainable If Escaped Income Is Below ₹50 Lakhs & Notice Is Issued After 3 Years: Kerala High Court

The Kerala High Court held that proceedings under Section 148A of Income Tax Act not sustainable if escaped income is below Rs. 50 lakhs and notice issued after 3-years. Justice Ziyad Rahman A.A. stated that “when the order of the assessing authority is found to be without jurisdiction and hit by the period of limitation, it is not necessary to relegate the party concerned to...

Kerala High Court Mulls Guidelines To Reform Judicial System In Lakshadweep, Meanwhile VC Hearings Commenced

The Kerala High Court on Friday (July 04) orally observed that it would pass a detailed judgment outlining guidelines for improving the judicial system in Lakshadweep.A Special Bench of Chief Justice Nitin Jamdar and Justice Ziyad Rahman A.A. was hearing a suo motu case initiated to address the issues pertaining to the judicial system in the the Union Territory.To recap, the stakeholders...

S. 245A Income Tax Act | Kerala High Court Allows Settlement Application Filed Beyond Cutoff Date, Citing SC's COVID Limitation Order

The Kerala High Court has allowed the settlement application under Section 245A of the Income Tax Act filed beyond cutoff date, while citing Supreme Court's COVID limitation order. Justices A.K. Jayasankaran Nambiar and P.M. Manoj referred to the order of Supreme Court in MA. Nos.665 of 2021 [In Re Cognizance For Extension Of Limitation] and stated that the assessee had filed...

S.69 BNS | Married Woman Can't Allege Coercion Into Sexual Intercourse On False Promise To Marry: Kerala High Court

The Kerala High Court has recently granted regular bail to a man, who was accused to have enticed a married woman to enter into sexual intercourse with him on a false promise of marriage.A crime was registered against the petitioner under Sections 84 [Enticing or taking away or detaining with criminal intent a married woman] and 69 [Sexual intercourse by employing deceitful means etc.] of...

Wayanad Landslides: Kerala High Court Seeks Govt's Report On Utilisation Of ₹120 Crore Allocated For Rehabilitation Work

The Kerala High Court on Friday (July 04) sought a report from the State Government regarding the manner of utilisation Rs. 120 crores, which the Centre had freed for immediate use of the State government in connection with the ongoing rehabilitation works at landslide-hit Wayanad.A division bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj was hearing a suo motu case...

Rule 3, Kerala Service Rules; Cannot Withhold Pension Without Any Pending Disciplinary Or Judicial Proceedings: Kerala HC

Kerala High Court: A division bench consisting of Justices A. Muhamed Mustaque and Johnson John held that withholding pension without any pending disciplinary or judicial proceedings was illegal. The court held that such actions violate Article 14. The court exercised its jurisdiction under Article 226 despite the petition being filed under Article 227. The court noted that...

NDPS Trials Affected Due To Delay In Filling Vacancies In Forensic Labs: Kerala High Court

The Kerala High Court on Thursday (July 3) raised concern over pending vacancies in Forensic Science Laboratories (FSL), contributing to delays in concluding criminal trials under the NDPS Act.The Court passed an interim order requesting the Commissioner of Police, Ernakulam to appear before it and assist in curbing the menace of substance abuse among students of schools and colleges in...

Service Of Notice On Adult Member Of Noticee Is Valid U/S 153 Of Customs Act, 1962: Kerala High Court

The Kerala High Court stated that service of notice on the adult member of noticee is valid under Section 153 Of Customs Act, 1962. Section 153 of the Customs Act, 1962, outlines the modes of service for notices, orders, summons, and other communications under the Act and its rules. Justice Ziyad Rahman A.A. stated that “the contentions that the assessee was denied a...

Customs Cannot Rely On S.122A To Deny Personal Hearing Mandatory U/S 28(8) Of Customs Act: Kerala High Court

The Kerala High Court stated that customs cannot rely on Sec. 122A to deny personal hearing mandatory under Section 28(8) of the Customs Act. Justice Ziyad Rahman A.A. after analysing Section 28(8) of the Customs Act observed that it is evident that, as far as personal hearing is concerned, it is made mandatory as per the provision. Since this is a special provision deals with the...